Apple To Face Lawsuit For iMessage Glitch
An anonymous reader writes "We've all heard about iPhone users switching over to Android-powered phones and no longer being able to receive text messages from friends and family still using iPhones. Well, a woman with exactly this issue has filed a lawsuit against Apple, complaining that '[p]eople who replace their Apple devices with non-Apple wireless phones and tablets are "penalized and unable to obtain the full benefits of their wireless-service contracts."' To be specific, '[t]he suit is based on contractual interference and unfair competition laws.' She is seeking class action status and undetermined damages."
This is the kind of anti-competitive behavior that gets companies in trouble and causes regulatory crackdowns. Phone companies that make it hard to switch carriers. domain registrars that make it hard to switch registrars, and banks which make it hard to switch banks have all gotten in trouble for this.
Not an Apple hater, but I went through all of the correct steps to disconnect iMessage when switching to Android and had the exact same issues. Text messages wouldn't come through from iPhone users, at all, period. This is completely within Apple's control even if they aren't claiming it- the SMS protocol should always be used as a backup when iMessage transmission doesn't successfully complete. Otherwise, it's purely noncompetitive and is a maneuver to keep you on Apple's platform.
I'm suing because I have a Nokia and feel left out.
You had to figure a lawsuit even a class action suit was bound to happen, with non-iPhone users citing anti-competitive claims.
Apple's been doing various things within their policies, or behind closed doors that is now just coming to surface, and when the mainstream press gets a hold of it, this will not be the only suit filed against them in the coming months, more then likely a year or two, with the idiot main press waiting till every other small press outlet has been reporting it for the last 5-8 years.
Which is actually funny because BBC radio seems to make these practices public far faster then the US press.
I think this is insanely cool!
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
The people sending you messages are not sending you SMS, they are sending you iMessages. They are sending to your contact phone number, and they have iMessage turned on to save them $$$ when sending texts to other people registered with iMessage.
Because you used to have an iPhone, and had also turned iMessage on, your phone number is in their database, and so when it's deciding what data channel to use, it looks up the phone number it's about to send to, and if it's listed in the iMessage database, it sends an iMessage to the associated AppleID instead of sending an SMS via the cellular network. This way it doesn't cost them SMS $$$ to send the message.
When you pulled the SIM from your iPhone, you stupidly failed to turn off iMessage in your settings, and then sync those settings back to the iCloud. As this knowledge base article indicates, it can therefore take up to 45 days before it starts using SMS again: http://support.apple.com/kb/TS...
Alternately, you can go to http://appleid.apple.com/ and log in with your Apple ID, and manage your account, and disable iMessage that way (typically by removing your mobile phone number, and if you don't have an land line, putting the number in for your (non-mobile) contact number instead.
Note: Once the message has been sent, either via iMessage, or SMS, from the originating phone, it's sent; you don't get a second shit. It's not like those messages are "stored up" in a system that's capable of sending SMS messages, since the decision was made on the senders iPhone, not on the back end server.
Basically, it boils down to the former iPhone user being an idiot about disengaging from the additional iPhone associated services that they opt'ed into.
But never fear, up to 45 days afterward, the switch will happen automatically, as iMessage feeds back into the configuration database that the messages sent to the number have been undeliverable via iMessage. Or, you know, they could log onto http://appleid.apple.com/ now and fix it themselves, which can take up to 24 hours to take effect, because some idiot thought NoSQL was a good idea.
Solution: stop interacting with poor people
As an IT Architect, who daily works with and for those with varying degrees of technical skills, I would disagree that the user is "an idiot". The steps you mention will certainly address the issue no doubt. What is in question is if the layperson should be aware of these steps and be capable of undertaking them "if" they forget to disable iMessage. What a class action lawsuit will do is force Apple to put in checks that look at the IMEI of the phone each time an iMessage is sent and the ack isn't received by the server from the phone in x amount of time. There is a different error message for an IMEI either offline or registered to a new user than one where the phone is simply unavailable. I can think of 5 different ways Apple can identify the device changed to a non Apple device. They haven't fixed this issue on purpose. Creating an issue like this undoubtedly ensures a percentage of users return their Android phones and get another Apple device to fix the texting issue thereby ensuring Apple revenue. You can bet Apple will weigh the cost of the suit versus the customer retention revenue and either pay out and leave it the way it is or fix the problem. There's no doubt it is a problem because it's not automated and the courts will rule in favor of the user because the process is not automated.
Let's see the evidence that Apple has
1) She at the time she bought her iPhone specifically setup an iCloud account and asked Apple to tie the messaging on a specific phone number to Apple's servers / her iCloud account.
2) She never notified Apple that she wanted them to stop doing that for her phone number.
3) She never went to the support site and disassociated the device she is no longer using from her account.
So in other words she told a computer to do something until she told it to stop, and never told it to stop. In what possible world will a court rule that "unfair competition?" This is a total BS lawsuit. Quite literally she could log onto support.apple.com and fix the problem in under 30 seconds.
Never ascribe to malice that which can adequately be explained by incompetence.
A lot of people are posting that Apple had some sort of malicious intent (lock people in) when really it's more likely they just didn't think it through properly. The whole thing can easily be solved just by making a simple, easy to find webpage to turn iMessage off. Even customers who aren't switching may find it useful (abroad with your iPhone with data turned off because it's ridiculously expensive, but left the iPad at home and forgot to turn it off so your iPad is happily getting your messages but your phone not, would be an example where it would be useful).
Oolite: Elite-like game. For Mac, Linux and Windows
This is a very real problem. My wife had her iphone 4s stolen and activated my daughter's old iphone 4s on her verizon line. About a week later she tells me that many of her friends are saying that she isn't responding to txt messages and she says she isn't getting them. This goes on for weeks. It turns out that she didn't turn on icloud on the new (old) iphone so all of the imessages were going to never never land. It's not obvious at all what is happening.
Zoid.com
Never underestimate the predatory nature of lawyers and the stupidity of juries and judges.
In other news, a friend of mine recently switched to Google Chat. Why hasn't he responded to all my Skype messages? Is he not getting them?
I suspect negligence over malice.
It turns out that she didn't turn on icloud on the new (old) iphone so all of the imessages were going to never never land. It's not obvious at all what is happening.
The first thing I would do after activating an iPhone on a plan to replace another one is sign into my iCloud account to sync all my contacts back. Not to mention remove the old iPhone from my iCloud account so my iCloud email, Safari bookmarks (and possibly saved passwords) are no longer in the thief's hands.
Can I sue over that or its inconsistency in showing html mail or that gmail accounts need dropped and re-added often to get new mail?
Isn't iMessage always associated with an email address too?
Wouldn't it be easy to send an email to people when they haven't received a message after a day?
There could be a link in the email telling people how to remove their phone number from the service and receive subsequent messages directly as SMS if they switched phone.
For fucks sake, it's not like Apple have a hard thing to do here... if ( recipientLastUsed() > days(1) ) { removeFromiMessage(); } icloud/imessage "logs in" right, not hard..
Me failed English...
FreeBSD over Linux. If my comments seem odd, this may explain...
Apple doesn't make it hard. She just didn't follow instructions prior to selling her device and she hasn't followed instructions after selling her device to fix it. The hard part is pure fiction.
I find it constantly disappointing the repeated lie of "just works". The truth is this is only partially true even within Appleverse, there is no good reason why complicated workarounds are necessary. The fact that fruit lovers like yourself are prepared to defend, an anticompetitive move.
Personally I think this kind of bullshit is driving customers (like the one in the lawsuit) to android. You can only be abusive while your on top, and Apple peaked last year with market share; its devices are behind the competitors...they are the little overpriced phones, and they need to buy a headphone company to remain cool.
FYI this isn't about free, regulation, the merits of iMessage, etc. It about a broken system that Apple refuses to fix.
I am actually in this boat and would gladly join this class action lawsuit.
Apple knows about this issue and has done nothing. There is no way once a number is in their system of getting it out. (imessage) People call me telling me that they sent a text. Sometimes it will fail, them I have to tell the user, do you have send as SMS feature on, if not it won't come. Now if my number was never in the imessage eco system, the message would deliver without any special settings. Calling Apple gets a sympathetic ear, but their techs have no ability to remove the number from imessage.
It would be like you switching your phone from one carrier to another and the previous carrier still routing your calls from them to the old dead line.
It boils down to people not reading what they agreed to. That and its brain-dead easy to undo the 'hook', and is not a process that Apple is hiding.
Switching services in many 'areas' involve some work on your part. Suck it up and follow the directions.
---- Booth was a patriot ----
Make sure that the person sending the message doesn't have your iCloud e-mail in your contact information. This would be another, and completely understandable problem.
Or install Hangouts for iOS as a much broader platform with cross platform everything.
Um, no apple did not prevent this. They prevented her from getting iMessages, which is proprietary. They have no obligation to figure out that you dropped apple, then magically forward them on via SMS when you ditch their 'services', and cant follow directions.
---- Booth was a patriot ----
Its still a user issue and not an apple issue.
As a disclaimer i no longer use iOS products. There is plenty of 'bad' with iOS, but this isn't one of those times. iMessage was actually pretty cool, as like BBM it saved you from hitting your SMS limits ( if you have one.. ) and i think they were encrypted in transit.
---- Booth was a patriot ----
Not an Apple hater, but I went through all of the correct steps to disconnect iMessage when switching to Android and had the exact same issues. Text messages wouldn't come through from iPhone users, at all, period. This is completely within Apple's control even if they aren't claiming it- the SMS protocol should always be used as a backup when iMessage transmission doesn't successfully complete.
Go check your iPad (or Mac or other iOS device). The message was successfully transmitted there and marked as complete.
This is the sort of thing that confuses iPhone to Android switchers.
Isn't that exactly what people have been saying they've done and still get problems, such as this from a few days ago: http://www.businessinsider.com...
Or
http://apple.slashdot.org/stor...
These people usually have a Mac or another iOS device somewhere that successfully received the message and told the sender that it was delivered.
Ever been in iOS developer's office and a half dozen devices go "bing"? Someone sent a text message and *all* devices logged into that account received, respond to the sender and are notifying the user.
Are you all joking? It's software. This is a bug in said software. Fucking fix it. /end thread
This wankery about right/wrong is petty bullshit.
Pass the blame baton! is the American pastime.
"This person is an idiot for not digging through Apple's help database to disable features that probably weren't explained all that well to her by Apple or her cell provider."
^^ This is a bullshit argument. Apple can patch iMessage to handle this and then there's little work involved for the customers at all. They'll refuse because it provides a mechanism for customer lock-in and breaks compatibility. iMessage doesn't even need to exist. It's yet another walled garden feature that locks customers in. It should be 100% compatible and failover to using the de facto standard (SMS in this case).
Apple could also better describe what's going on when you setup iMessage. Or we could see these bullshit practices and walled gardens for what they are: yet another power grab by the wealthy.
If this were MS, /. would be all up their asshole. But instead it's tech golden child Apple, that ever so open, champion of free software. It's embrace, extend, extinguish all over again, but people are championing it this time.
You're a good conditioned creature of habit aren't you.
Now if the iPhone brought up a big warning saying, "Note if you don't do this right now you may not receive text messages I would call the user an idiot." Instead I'll call them a user and you an "expert".
Its still a user issue and not an apple issue.
What a retarded notion. Switching from one Apple device to another Apple device and then not getting services that are expected to hit a phone via a carrier automatically is most definitely an Apple issue. Just like hiding the Charms bar on the right of the screen without indication is definitely a Microsoft issue.
Providing the facility to do something does not absolve you of responsibility, and given the fact that this is such a wide spread problem EVEN AMONGST SLASHDOT USERS, it is most DEFINITELY an "Apple issue".
iMessage is an Apple app/service and tied to iCloud. Why would I not assume I'd need to associate my iPhone with my iCloud account for it to work? But I agree that Apple's system should be smart enough to realize "this user is no longer connecting to our service, please stop handling SMS over iMessage".
Secondly, I wouldn't call making use of my iCloud address book backup being a "conditioned creature". Are you suggesting I sit there and reenter all my contacts and settings by hand when I can have them all restored for me in less than a minute by using an account I already have? I'm a bit baffled why the poster's wife hadn't already done it so she could get her apps on the new phone.
No but you're talking about one case for one product of one specific brand. I as the non Apple manual reading techy would never assume that to get a carrier feature like text messaging to work that I need to connect my phone to the cloud. This is not the normal function of a mobile phone. Actually the way most other platforms work is that the receiving device gets a txt message and then distributes the data. I.e. My phone receives an SMS and forwards it to my cloud storage service, not the other way around. I get a new phone I don't need to sign into some cloud service for basic systems to work.
Same with contacts. I have the choice of storing my contacts on my phone (silly), external SD (less silly), syncing with computer (automatic anyway when I transfer music to it), syncing with Gmail contacts list (best idea IMO), or using a backup utility. At no point does my ability to do one thing suddenly preclude another.
That's why I said conditioned creature of habit. What you're proposing as the correct and "sensible" thing to do is foreign to people of other platforms and the rest of the mobile phone sector, hence the problems and all the how-to pages on how to do this.
via a carrier automatically
Ah, but you see its NOT "via a carrier", its via Apple's network. SMS still works. Their proprietary service, which you are no longer authorized to use, stopped working. That is a HUGE difference there, bucko.
Sounds like you are too stupid to own a phone.
---- Booth was a patriot ----
T-Mobile pointed me to apple who said it looked like everything had been done to fix the issue. I finally found another post that suggested I reset her icloud password which made iphone users sending her a text finally get an error and then they got the option to send as sms instead of imessage. After a couple failed then send as sms their iphones gave up trying to send it as an imessage. I can see for someone who isn't retired and has a lot of contacts how disastrous this would be. The only reason she switched to the m8 was for wifi calling that apple won't allow on their devices.